Grysen & Associates

Description

The information presented is to be used strictly for informational purposes only. None of it should be taken as legal advice. Please contact a qualified attorney before taking any legal action. - What must be shown to prevail in a medical malpractice case? - What is the first step in pursuing a medical malpractice claim? - Will I have to go through a trial in court before my case is finished? - I've heard that lawsuits take a long time. Is that true with malpractice cases? - I know lawyers can be expensive. How does your firm charge? - I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement? - It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor? - Nothing serious has happened to me yet, but I ’m beginning to question my doctor ’s care. What can I do to prevent malpractice? - Have I waived my rights because I signed a consent form? - What is "medical malpractice?" Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts. Back To Top - What must be shown to prevail in a medical malpractice case? While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: - - - - A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery. Back To Top - What is the first step in pursuing a medical malpractice claim? The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

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